US revises green-card rules for children of foreign workers, Nigerians affected

The United States has expanded green-card eligibility for children born in the country to certain foreign government employees, under new immigration rules that could affect Nigerian families.

According to Vanguard, the Department of Homeland Security broadened a provision previously limited to children born in the United States to foreign diplomatic officers.

The interim final rule, which took effect on September 4, 2026, allows eligible children to register for lawful permanent residence where neither parent is an American citizen and at least one parent was a qualifying foreign government employee when the child was born.

The expanded definition includes certain embassy and consulate workers who are nationals of the countries they represent, people employed by foreign governments and employees of international organisations who enjoy immunity in the United States.

However, personal employees or attendants of foreign officials, state-owned enterprise workers, third-country nationals employed by foreign governments, some contractors and foreign government employees visiting America are excluded.

Eligible children can apply for permanent residence through Form I-485, Application to Register Permanent Residence or Adjust Status.

DHS is also revising immigration forms to replace references to children born under diplomatic status with the broader category of individuals born to foreign government employees in the United States.

Children who neither acquire US citizenship at birth nor register for permanent residence may be subject to federal alien-registration requirements.

However, implementation is affected by a federal court injunction in Casa Inc. v. Trump. DHS said it would not enforce the regulation against members of the class protected by the injunction unless the government obtains relief from the court.

The rule applies to eligible children born on or after September 4, 2026.